Enduring Power of Attorney

enduring power of attorneyAn enduring power of attorney is a legal document created to allow another person to make financial decisions on your behalf. This person becomes your attorney.  The attorney’s powers can come into effect immediately OR when the SAT declares you lack capacity to make your own decisions.  An enduring power of attorney can only be made while you are still capable of making financial and legal decisions for yourself.

Types of Attorneys

  • A sole attorney is one person appointed as the attorney.
  • Joint attorneys are two people appointed as attorney, who must act together and agree on the decisions that are made. If the joint attorneys disagree the decision will be made by the SAT.
  • A substitute attorney may only make decisions if the sole or joint attorneys are unable to do so.

Why create an Enduring Power of Attorney?

By appointing an enduring attorney, your property and financial affairs will be managed in your best interests and according to your wishes.

Lodgement with Landgate

If you have real property it is recommended that you also file an original of your enduring power of attorney with Landgate. Without doing so, your attorney will be unable to deal with your real property in the event that you lose capacity. Landgate charge a fee of $174.70 for the lodgement of an enduring power of attorney.

Administration Orders

An administration Order is an Order made by the State Administrative Tribunal appointing an administrator to make your financial decisions. The role of an administrator is similar to that of an enduring attorney. Administrators are subject to added scrutiny by, and reporting requirements to, the Public Trustee. Fees are usually incurred by an administrator.

Kavanagh Family Lawyers can help

Who you appoint as your attorney is a very important decision. This person will be responsible for managing your financial security and therefore the decisions this person makes, can have a significant influence on your lifestyle. Kavanagh Family Lawyers have extensive experience in enduring powers of attorney and can offer advice to help you with this decision and provide the procedures to act upon it.

Fixed fees

We offer the following fixed fees for the creation of an enduring power of attorney:

  • Individual – $195 + GST
  • Couple – $350 + GST.
  • Individual + enduring power of guardianship – $300+ GST.
  • Couple + enduring power of guardianship – $550 + GST.
  • Landgate filing fee (optional) – $70 + $174.70 inclusive of GST

Our fees include personalised advice and the drafting and execution of your enduring power of attorney. Should you wish for us to lodge your enduring power of attorney with Landgate we charge an optional fee of $70 in addition to Landgate’s lodgement fee of $174.70.

Next Steps

Call Kavanagh Family Lawyers on (08) 6557 5888 to speak to our lawyers.